Jodi Arias Trial Jury Instructions (Video and Text)

Thought y’all might want to review the jury charges. Text (of charged offenses only) follows after break.

THE CHARGED OFFENSE – PREMEDITATED MURDER

Count 1 charges the defendant with First Degree Murder. Arizona law recognizes two types of First Degree Murder – Premeditated Murder and Felony Murder. The state has charged the defendant with both types.

The crime of First Degree Premeditated Murder requires the state to prove the following:

1. The defendant caused the death of another person;and

2. The defendant intended or knew that she would cause the death of another person;

and

3. The defendant acted with premeditation.

“Premeditation” means that the defendant intended to kill another human being or knew she would kill another human being; and that after forming that intent or knowledge, reflected on the decision before killing. It

is this reflection, regardless of the length of time in which it occurs, that distinguishes First Degree Murder from Second Degree Murder. While reflection is required for First Degree Murder, the time needed for reflection is not necessarily prolonged, and the space of time between the intent or knowledge to kill and the act of killing may be very short. An act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion.

The crime of First Degree Premeditated Murder includes the lesser offense of Second Degree Murder. You may consider a lesser offense if either:

1. You find the defendant not guilty of First Degree Premeditated Murder;

or

2. After full and careful consideration of the facts, you cannot agree on whether to find the defendant guilty or not guilty of First Degree Premeditated Murder.

You cannot find the defendant guilty of any offense unless you find that the State has proved each element of that offense beyond a reasonable doubt.

SECOND DEGREE MURDER

The crime of Second Degree Murder requires proof of one of the following:

1. The defendant intentionally caused the death of another person;

or

2. The defendant caused the death of another person by conduct which the defendant knew would cause death or serious physical injury;

or

3. Under circumstances manifesting extreme indifference to human life, the defendant recklessly engaged in conduct that created a grave risk of death and thereby caused the death of another person. The risk must be such that disregarding it was a gross deviation from what a reasonable person in the defendant’s situation would have done.

The difference between first degree murder and second degree murder is that second degree murder does not require premeditation by the defendant.

If you determine that the defendant is guilty of either first degree murder or second degree murder and you have a reasonable doubt as to which it was, you must find the defendant guilty of second degree murder.

MANSLAUGHTER BASED ON EXISTENCE OF

SUDDEN QUARREL OR HEAT OF PASSION:

If, and only if, you find the elements of Second Degree Murder were proven beyond a reasonable doubt, you must then consider whether the homicide was committed upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim.

“Adequate provocation” means conduct or circumstances sufficient to deprive a reasonable person of self-control. Words alone are not adequate provocation to justify reducing an intentional killing to Manslaughter. There must not have been a “cooling off” period between the provocation and the killing. A “cooling off” period is the time it would take a reasonable person to regain self-control under the circumstances.

If, after finding the elements of Second Degree Murder were proven beyond a reasonable doubt, you also unanimously find beyond a reasonable doubt that the homicide was not committed upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim, then you must find the defendant guilty of Second Degree Murder.

If, after finding the elements of Second Degree Murder were proven beyond a reasonable doubt, you also unanimously find beyond a reasonable doubt that the homicide was committed upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim, then you must find the defendant not guilty of Second Degree Murder but guilty of Manslaughter.

If you determine that the defendant is guilty of either Second Degree Murder or Manslaughter but you have a reasonable doubt as to which it was, you must find the defendant guilty of Manslaughter.

The defendant cannot be guilty of both Second Degree Murder and Manslaughter.

CHARGED OFFENSE – FELONY MURDER

As stated earlier, Count 1 also charges defendant with First Degree Felony Murder. The crime of First Degree Felony Murder requires the state to prove the following two things:

1. The defendant committed or attempted to commit Burglary in the Second Degree; and

2. In the course of and in furtherance of committing Burglary in the Second Degree, or immediate flight from it, the defendant caused the death of any person.

An “attempt” requires the state to prove that the defendant intentionally did something which, under the circumstances she believed them to be, was a step in a course of conduct planned to culminate in the commission of the offense

.

The crime of Burglary in the Second Degree requires proof that the defendant:

1. Entered or remained unlawfully in or on a residential structure;

and

2. Did so with the intent to commit any theft or felony therein.

Residential structure means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.

“Intentionally” or “with the intent to” means, with respect to a result or to conduct described by a statute defining an offense, that a person’s objective is to cause that result or to engage in that conduct.

There are no lesser included offenses for First Degree Felony Murder.

In order to find defendant guilty of Count 1, it is not necessary that you be unanimous with respect to whether the Defendant is guilty of First Degree Premeditated Murder or First Degree Felony Murder. The only

requirement is that you be unanimous that the Defendant is guilty of First Degree Murder, which can be either First Degree Premeditated Murder or First Degree Felony Murder. If you find the Defendant guilty of First Degree Murder, you must indicate on the verdict form how many of you have found the Defendant guilty of First Degree Premeditated Murder and/or First Degree Felony Murder. By way of example only, the jury can be unanimous as to both theories, or just one theory, or it may be divided.

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28 Comments

Filed under jodi arias, News

28 responses to “Jodi Arias Trial Jury Instructions (Video and Text)

  1. steve

    she used two weapons, so had to reflect that one didnt kill him enuf. She knew that when she sliced his throat THAT would kill him and still did it. Even without all the other evidence, those show premeditation so should be murder 1st degree by those rules

  2. #KeepinitrealinTX

    Let’s just pray that the 12 jurors agree with that assessment

  3. Lori

    Tamara, I just want to thank you for the wonderful job you do with all of your blogs. You always go that extra step to help us understand things and bring us the best information. I don’t know how you do it day in and day out, especially during times like this when you have your own court case going on. You are the first and only blogger whose work I read, and because you are so thorough, while at the same time being highly entertaining, I don’t need to go anywhere else. You are on top if it, from everything from our beloved reality shows, to real breaking news. I was very happy to have a place to discuss the reality shows, but am so grateful that you are also covering this trial. I am so glad that I found Tamara Tattles, and as long as you are blogging, I’ll be reading.

  4. soccermop59

    Am I the only person in this country who could care less about this woman or the trial? Can’t believe its news worthy with all the stuff we got going on in this country.

    • No, TC and a couple others want to kill me too. Sorry. If I felt better I would be blogging more about other things. I hate to keep whining, but it’s a whiney day over here. We will be back to normal soon. Maybe. :)

      On Mon, May 6, 2013 at 5:43 PM, Tamara Tattles

  5. glebeboi

    Hi,Ive just found your site after reading some of your blogs at the trial. You seem to be quite dedicated to your blogging and as such,If you dont mind Ive added my scenario – perhaps different from others youve read.
    Im from down under,Sydney Australia and I’ve only discovered this trial since last week but have been reading about it daily. However you guys are more up on info than I am. Sorry it’s a lil long but this is how I imagined it happened.If you want to delete it I understand.
    I have a feeling that JA didn’t mean to kill TA the way she did. Don’t get me wrong – she’s as guilty as hell & if need be she intends to do so, but from what we know she intended to shoot him – not stab him, ever since she got the ‘I’ll win him back’ idea & started to act it out by stealing her grandfathers’ gun.
    Being the psycho bunny boiler she is – the rejection of her for someone else sent her in a tailspin – especially since she was meant to go on that cruise, not her! So she came up with the ‘I’ll sex him up like never before” which of course will win him back. If – huh if? If it doesn’t I’ll make sure if I can’t have him, no-one else will either. She starts making preparations for the road trip, plotting her course, Gerri cans for fuel supply on the sly, made plans with others to visit n also hired a decoy car. She’s so convinced he’ll come back she even buys sun lotions etc for the holiday at the last call before arriving at Travis’s place. This is totally premeditated. And if the sexing him fails she’ll resort to Plan B. A back up – double premeditated – no denying it.
    We move on to TA’s place after the sex romp….
    I read somewhere that Travis didn’t like laying around in the bed after he had cum and would go n shower leaving JA to possibly clean up. In the photos you can see by the pressure markings on Travis’ back that he had been sitting on the floor & leaning up against the wall with the shower running over him.

    Now this is what I think happened. (my suggested scenario, so conversations are most likely to be different).

    She comes in and suggests seeing as how they’ve been taking pics during the day lets take some more pics, this time in the shower. He then must’ve said something about hadn’t you start heading back home soon as he has to pack & also wants to get a good night sleep (or whatever) before heading off early for the drive to the cruise departure port.
    She then says it won’t take long so he gets up to oblige and to speed up her departure. She then makes some excuse to get something from the closet – maybe some towels, as this is where she’s hidden the gun –
    * Remember this is how she had planned to kill Travis, thinking it would be quick n easy. Being told after her mega sex performance that she’s still not going to be accompanying Travis on the cruise Jodi has now flipped into evil jealous psycho Jodi mode now.
    She returns with gun in one hand & the camera in the other hand (with its safety strap around her neck) & takes a photo – Travis already has hands against the wall like being held up. She says to turn around & he sees she has a gun. She orders him to position for a few more. After a few shots she then must lose concentration due to holding camera & gun & loses her dominant position of power. He then lunges out at her in a semi crouched position to grab the gun from her. She panics, & in the ensuing lunge attempt drops the camera which takes a photo & fires the gun as he pulls it from her causing her ring finger injury. The bullet hits him in head. (As was told by the examiner this wouldn’t necessarily kill him straight away).

    Travis dazed stumbles in a state of shock, confusion, disbelief, & anger over to the basin. On the bench top is the knife that Travis had used earlier in the day for cutting the rope. Jodi now panicking as Travis has the gun, the bullets been fired, he’s not dead & she realises that he’s most likely now going to come for her. Seeing the knife she reaches for it & as Travis isn’t expecting it, she plunges it deep into his chest delivering that soon to be fatal wound She stabs at him again & again, he tries to stop & block her attempts, slicing his hands in the process, meanwhile the blood from that fatal stab is spurting over the sink & vanity & bathroom walls.

    Travis is now fading fast & so tries to flee from her to bedroom in a desperate bid to call for help.He’s stumbling. She’s kicking at him in the shins to make him fall (explains the bruising) & when he does fall she straddles across his lower back & then begins to multi stab him in the back.
    Totally exhausted but not ready to surrender & also in his last remaining seconds of life he attempts to lift himself up, away from her stabbing him in his back, where enraged with psychotic pent up fear that he’s not dead as originally was planned & that he still may attack her, she then grabs his head pulling it back & slices his throat from ear to ear, almost decapitating him in the process. She releases his head with all its gurgling sounds & as all life ebbs from his body she falls down along side him, the camera in the way manages to take its last photo.
    When she pulls away from him she removes camera from around her neck & tosses it aside where she later unknowingly has gathered it up with the bed linen & thrown it in the washing machine.
    Thank you

    • Sayub

      Welcome Glebeboi. I just read your scenario & have a few comments . . .

      ** Travis & Mimi were supposed to leave for Cancun on June 10th – She killed him on June 4th, 6 days earlier. Mimi was the catalyst for finding him – after trying to contact him for days she started to panic as they were supposed to leave the next morning.

      ** The camera was brand new & the safety strap was still in the box with the wrapper on it.

      ** Though the bullet was sitting in a pool of blood it had no blood on it – therefore the blood puddle had to have existed before the shot.

      ** The rope is Jodi’s alibi for the knife being there. There is zero proof that it ever existed.

      ** I can’t bring myself to look at the photos again, but I believe the last photo is of her standing up, dragging him.

      • ** The camera was brand new & the safety strap was still in the box with the wrapper on it. This is news to me. So now I have questions about the picture with her pant leg in it. How the heck do you drag a grown man down the hall and hold a camera at the same time? I assumed the strap was on the camera.

        On Tue, May 7, 2013 at 1:27 AM, Tamara Tattles

      • JustUsForAll

        Tamara – I’m speculating but – I believe it was to be her own greatest artistic photo study. (see Amer. Beauty) – If the camera was set on modeling & auto-intermitent it would just keep taking photos. Think about the sex photos.. she also said they took VIDEOS of them together, too. The only way to take your own photos is to use the timer and/or on a tripod. The camera in the bathroom probably got kicked around. Obviously Arias had to move the camera to the end of hall at some point. BUT > 1. It was a new camera unfamiliar to her – so how does she stop the damn timer? > 2. Remember certain killers love to keep trophies. She kept a lot of trophies …real & manufactured, both physical (TA Teeshirt) and in print. – She was a legend in her own mind.

    • Randa

      Great post! Psycho bunny boiler! Love it! Have been to Oz many times! Great place. Great people!

  6. steve

    Glebeboi ive thought along those lines for a long time. How do ya’ll deal with your crazies down under? Do you have the death penalty there? Do you have the media circus like we do here?

  7. steve

    the pantleg pic was an upside down photo. Has been turned so can see whats there. Ive always thought that she bumped it with foot while dragging him and triggered button. She dropped camera during frenzy at the sink taking light/ceiling pic

  8. JustUsForAll

    Havent read through this whole blog – but Ive been wanting to scream this… New digital cameras (especially new ones) have a professional setting. You can set them to not only take rapid manual shot photos (like modeling speed) BUT you can also get the timers to take natural intermitent shots in-between those shots. – That means that little Sony might have been “shooting and / or flashing” like a strobe. Lots …of photos, folks !

  9. JustUsForAll

    Tamara – see my reply to your post about camera / strap / box below !

  10. Andrew Wallander

    We’ll never know what happened in that room. But, I have always thought Travis had the camera in his hand and was snapping pictures of the attack while it was in progress. His way quick thinking way of documenting the event in case he needed proof later. Jodi was aware he was doing it and put the camera in the washer to wash off the blood and HIS fingerprints.

    • Aloha

      uh, . . . ok, . . . please explain how Travis took pictures of himself dead in the shower? Was it his ghost???

      Actually we DO know what happened in that bathroom: Jodi killed Travis.

      At first she made up all kinds of lies; not being there, and then there was the ninja couple, etc. . . . And then came the lies about domestic violence and pedophilia.

      So many LIES. . . So yes, we do actually understand what happened: She planned to murder Travis and then later she got caught!

      • OMG The men on the after dark juries are SOFA KING STUPID that they can’t even answer a yes or no question. STOP SHOWING THAT IT IS NOT HELPING.

        On Tue, May 7, 2013 at 6:15 PM, Tamara Tattles

      • Lori

        That whole show is so stupid. It’s one of the things that is making me loathe hln. Those stupid reenactments they do… so rudiculous. It’s embarrassing to even watch.

      • Aloha

        Yep, HLN after dark jury is showing us exactly WHY men refuse to ask for directions when they get lost. . . It’s obvious: They’re just stupid.

        In fact, the men would probably find a woman ‘not guilty’ if her boobs were big enough. They’d be too distracted to hear any of the facts or to look at any other evidence besides bra or booty size.

        Why am i saying this? Because of all the misogynistic comments on HLN by male lawyers: “Women get jealous” and “Women are hard on other women”. . .

        Uh. . . ok, . . So what about MEN being ‘too easy’ or ‘dog-like’ because some of them could give a free pass to an attractive woman just because of the sex appeal? Is that any ‘better’ than ‘jealous’ women jurors?

        The HLN jury guys seem to be a bit doggish though. . . I wonder if any of them saw the photos of Jodi’s stretched out booty hole and that was just great?

      • I believe that it is more likely to get intelligent women to agree to be on an HLN show than an intelligent man. So hopefully the ones we see on HLN are not representative of the population as a whole. My personal experiences with men have more often than not been extremely negative, so my judgment in that area is likely very inaccurate.

        That said, I think women are way more critical of each other than men are toward women. We know a woman’s capabilities, flaws, strengths intimately. We are sort of an unknown quality to men so they are not always accurate in making judgments about us which can either work in our favor or not. I would like to think that men with their limited insight into the female mind err on the side of compassion for the fairer sex out of kindness, chivalry, or a deep understanding that they might now fully understand the situation rather than because of breast size or hair color or attractiveness.

        I think both sexes have been proven to treat people they view as attractive better than those that are perceived as unattractive. I suppose that is human nature although I doubt any of us feels that applies to us.

        You may or may not have noticed I have not said anything much about the death penalty in this case. I know I could give it in some situations if I were ever asked to serve on such a case. I honestly don’t know what I would do in this case, and I have seen all of the testimony and many things the jury has not. I think I would take into account the level of conviction of my fellow jurors. I would not fight for the death penalty in this case, but I could be convinced to vote for it if all 11 of my jury mates were strongly convicted without an issue. I would be more likely to argue against it if I felt someone on the JURY would be severely adversely impacted by being a part of the death penalty.

        I am blathering. I hope all of that made so sense. I haven’t been up for this many hours since graduate school.

  11. A Nonny Mouse

    The longer the jury stays out, the better it looks for Jodi. I think the older male jurors are going to feel bad for her.

  12. steve

    I think that since the defense seemed to drag things for so looong that the jury is getting even. Let jodi wait and wonder in her basement a while. Now im thinking friday so can have their weekend. Gotta have positive thoughts and prayers for Travis and his family

    • While I am quite sure the jury has no desire to drag things out any longer than required, after we heard today that she is sitting in a basement alone staring at a wall all day with no pencils I think as long as they find her guilty of a reasonable charge, it might not hurt anything if they just go over everything with a fine toothed comb a few times…

  13. I think HLN must be working its commentators too hard. I’ve noticed some tempers flaring, and figure the anchors must be getting exhausted.

    Nancy Grace got extremely emotional when talking with Mark Klaas about whether this jury will do the right thing, and give justice to Travis’ family. She stated that crime victims never have closure; that the effects reverberate through the lives of everyone who loved them, for many, many years. She herself waited almost 30 years before she ever thought about getting married or having a family. She was in school to be an English professor, but after her fiance was murdered, she changed her course, went to law school instead, and put all of her energy into being a victims rights advocate and prosecutor. She just figured marriage would never happen for her.

    So Nancy was feeling a little more than exasperated when she wondered out loud, “Why after almost 14 hrs of deliberation, do we not have a verdict?” Then that defense lawyer (I think his name is Jason Lamb) made a comment about “don’t starting chewing your manicure yet”), Nancy went Medieval on his ass, and said “I am a working mother of 5 yr old twins, I’ve been here since before daybreak, and I don’t have time for a manicure, so don’t stereotype women, not ever!”, and he yelled back at her “Well Nancy guess what? I’m the working father of 3 yr old twins, and I’ve been here for 4 months!” Whoa!

    Having worked behind the scenes in news television, I figure the anchors at the courthouse in Phoenix must be working 12-18 hour days. Beth Karas and Jinkasauras are there from first thing in the morning, until after Nancy’s show is finished, which would be 6:00 p.m. Phoenix time, and sometimes Jink is even on that stupid After Dark show, which would make it 8:00 p.m. Phoenix time. That’s a long day in anyone’s book, and they’ve been doing it for 4 months!!

    I’m sure Nancy must be getting so cranky because she’s been in AZ for 4 months, away from her husband and children. They’ve got to fill up their air time with SOMETHING, so they pontificate on every possible scenario, and of course the defense atty’s won’t agree with the prosecution atty’s, so everyone’s nerves are getting frayed by this point.

    I think the After Dark show is ridiculous. They’re just rehashing the evidence we’ve already seen a dozen times, and some of the jurors are either uninformed, or just plain stupid.

  14. steve

    We the public have been able to talk and joke and speculate about this trial for months. The jury had to live this trial without speaking about it since Jan 02. They might be back comparing the fog dr and alyce to the good Dr Demarte..who jodi is confirming her report tweeting its the states fault there is a trial and her only option was suicide.

  15. Verdict at 1:30 (pst) today, HLN reporting.

  16. steve

    jodi says she prefers death over life no parole and i hope the jury gives her death then we can see how hard she appeals for LWOP

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